Limitation Periods.
Generally, the limitation periods in Ontario
are regulated by Ontario Limitations Act. Section 2 of the Act
requires the litigant to commence legal action within two (2) years
after discovering the claim. There is also ultimate limitation
period that operates independently from the concept of discoverability.
The issue of when the claim was reasonably discovered often becomes an
issue in legal actions. Beware that there are numerous exceptions
to the two (2) year limitation period, for example a party must give a
notice of claim against municipality within days after the accident had
occurred. It is a great idea to consult a lawyer as soon as possible to
ensure that the commencement of the action is not estopped by the
limitation period.
In addition to the legislative limitation periods,
the law may provide additional time limitation for commencing legal
actions or possibility of dismissing legal actions for delay.
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